DEITZ v. DEITZ


245 A.D.2d 638 (1997)

664 N.Y.S.2d 868

Helen E. Deitz, Respondent, v. Burr V. Deitz, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1997


Casey, J.

Soon after their marriage in 1953, plaintiff and defendant purchased real property in Albany County as tenants by the entirety. After plaintiff moved out of the marital residence, a separation agreement was entered into whereby the parties agreed that, in the event of a divorce or the eventual sale of said property, they would share the net proceeds thereof. The agreement further provided that "[t]he first option to purchase said property shall...

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